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Home My WebLink About19940029 Ver 1_COMPLETE FILE_19940119State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary A. Preston Howard, Jr., P.E.. Director March 19, 1994 Mr. Earl Stallings, Jr.. 111 Lane Drive Elizabeth City, N.C. 27909 Dear Mr. Stallings: LTW".,K;TA DEHNR Re: Request for 401 Certification Use of wetlands for animal waste application Pasquotank County DEM #94029 The Division of Environmental Management has reviewed you application to disturb 9.8 acres of wetlands on your farm near Weeksville. From your application and our conversations with a representative of the U.S. Army Corps of Engineers, it appears that the property in question will still remain as jurisdictional Wetlands after your grading. Current Division of Environmental Management regulations make the application of wastewater to wetlands illegal. An NPDES wastewater discharge permit would be needed to apply the waste and such a permit cannot be issued for waste disposal into wetlands. Therefore l must withdraw this application at this time. The Division of Envirnomental Management has proposed revised wetland rules which would allow the application of wastewater to natural wetlands. We anticipate that the rules will go to public hearing this summer. I urge you to participate in these hearings if you believe that our current rules regarding the application of wastewater to wetlands should be modified. I will place you on the mailing list for these hearings so you can be aware of them when they are scheduled. Please call me at 919-733-1785 if you have any questions. Sincerely, / I / I `' ?( Jo tin Dor-ney 94029.1tr_- Attachment= WaSh.ingi-;)n llF: 1 t:egional Off Wash.ingtc,i! _I'ielci Office COL; Central Vi1 Ron 1?'erre 1 P.O. BOX 29535, R(j;algtr North Cc)rolinci 21626 0535 Telephone 919-733-7015 FAX 919-733-2496 Ar. Ec-m-J 01,porlunvty Af(itr,:i+ive Action Employer ;? recy -loci/ 10`?' pest-consumer papor .I??M? ?:?' ?+-I.I1??. rn?l ? ?? ? ? ?? j I>?? r «? Ni?MF ?; : 1'r?t,hl ?dl?1; IT X1.1'] W f,! '4i;1 (il, 1_ 1 +-'?11fi1.,1';) bdk 1, PO I ;' f'1!.:-'t?I Tr ?9'APdT'. Y RNT 11R I,: AIM (,-'I-.A WL TTvI.F)ACT : ON N"1 t,r _,TT1 1, K P : I-f OC- 30-57 -15 7 L'j T? ' I 1 UAD f WTI _T, 4: Y/ N M.1 `T ' F( W-PIf )N? : `ICv Y/N I t I II) '•l r )1 It)IRF, 1 WFj-' :. `T % N I . Get-'?_ r?+'.!L 6Y?-ilk.. l ,?`,a• ??.`? --&e uwe$?a -.. - .._... - ... _ = wed -A _UaD?F. Q ACTION ID: -q-q-L DEM ID: Nationwide Permit Requested (Provide Nationwide Permit JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMEN NC DEPARTMENT OF ENVIRO ?( S p, x ; AND NATURAL RESOURCES TJ P.O. Box 29535 Raleigh, NC 27626-0535 1994 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 n ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR PLEASE PRINT. 1. Owners Name: -?- ??L t U S J ?- 2. Owners Address: 1 I C-?vlC D RI V? ?? ?11??T1 CtY'?( ' L' ' 3. Owners Phone Number (Home): (Work): ZA6 Ci - a [ 4. If Applicable: Agent's name or responsible corporate official, address, phone number: 5. Location of work (MUST ATTACH MAP). County: AA S Qs=) o-0*1 A IL - Nearest Town or City: LC 1? fYi??d C L? ?C - Specific Location (Include road numbers, landmarks, etc.): -TVA4GE?- T 1? ou i of ELI ZA SJ?-TH W W a-u s l w? wAD 'Tt - o u C t-? `fits V I l? h E op Lut_? kS V i t t.? -C o S IZ t I l d 1U;Lr1A U.FT Coo . I Mi t To PQ.1y1,1a D1rLT CA+3E , iv?,.l l?-t7 0?1 lA-?Je 6o , Zwti t 6. Name of Closest Stream/River: MAtT413 A,; L12?1L - 200OA136 (ZAL =L - U T1 LF-7 R-111c7Z 7. River Basin: 8. Is this project located in a watershed classified as Trout, SA, I IQW, ORW, WS I, or WS II? YES [ ] N]'? 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] Nom If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: $ AEf 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 9 ,?) -A (L Drained: Flooded: Excavated: Total Impacted: 9. 6 Aco- EARL STALL 1 NGS PROJECT Proposed Work: The present site consists of approximately 9.8 acres of woodland and or abandoned pastureland. The area contains a mixture of hydric and non-hydric soils. Because of the diversity of soils and the number of small area=_s to be delineated as wetlands, the whole area is considered to be wetlands. At the present time the land is uneven from animals using this area for wallowing and walking trails. There are areas where the soil has been moved creating depressions. Because= of the present surface condition, the trees will need to be removed and the land graded, for adequate surface water removal. The bare'soil will then be planted to a pasture or hayland mix. Purpose The State of North Carolina's DEM 0200 regulations, require that this confined animal operation have a waste utilization BMP in place prior to December 1997. Waste must be applied to acreage planted in can agronomic crop, o plants can absorb and utilize the nutrients. Why This Activity Must. Be Carried Out in Wetlands, This is the only alternative possible= for the land application of waste. The only land that Mr. Stallings owns is the wooded area adjacent to the present lagoons and confined animal buildings. At the present time, CCS,, and the Extension Service are recognizing agronomic crops (grain crops, pastureland, and hayland) for the utilization of nutrients. Research has determined the nutrient requirements at these crops, based on realistic yield goals. Waste can be spread evenly and the nutrients physically removed by the harvest of grain, grazing, or hay removal. �it /(�•f V'• � • .'t �' _ y nib l �' � , Y � .: � z ` .,Are M- , ��-�•�i n 1 h w ^u �, MA IN .00 to • "4 j � ': •�� S� '� •-., . � _ � � .jib � �, _ •�o M foo —_ — ,.� — '. may.; J. ,•� ,}'''�;�'�. i A.� � � 7' //1 �� `:, - ,f�,." ��;, •.: .1 it ti. f, -....• YAP• `}'l.. t -C Nu :/ - •r. ./ ki'« itis` Y???. ., ?+ ? )• , I '7"'x`4'. 'V `fit, , • :,`? .*lh. ?,'??•. l 174. , fir/ t.•ta? .,!.. ?,` ?Y `?` JY 'T,`?Y. ,rf?t .,. T rill, CO. "Ve 14 yi- A* -all DEM ID: lO?? ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): ZAP JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. Box 29535 Raleh, NC 27626-0535 ATTN: MR. OHN DORNE Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SE TARdR9S'O'F ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF E I NMENTAL MANAGEMENT. PLEASE PRINT. WETLANDS GROHI' 1! WATER ALITY SL•CT 1. Owners Name: L----?42-1- --7M 1 t e,1 C? S J 2- 2. Owners Address: 1 I LAVA C-- D P4 V t= e(-l -ZA Pi T14 Ct Y'\?( ? to • e 3. Owners Phone Number (Home): (Work): 3 4. If Applicable: Agent's name or responsible corporate official, address, phone number: 5. Location of work (MUST ATTACH MAP). County: PA S QJ g-tNtA 1L Nearest Town or City: LV (yl??'6 ?` L??C Specific Location (Include road numbers, landmarks, etc.): ~T?/??1EL S?uT 4 Ou T OF 6 -1 ZA o )i-VN CX -H o hl W arc s, NI I L JF- 1? 02k-,D -:nV10 c L--, 4 `tt-4E 'q U_A 4 E OI= WLE L5 '1 I U_jF TO 5I2- J11 b i L LIrs U= C`C Lo . 1 IM i t To P (L U K-ts D} tJ CA+3 E. l 0LO lEC T o k( L4k A E (Do , 2 w1 i ±' 6. Name of Closest Stream/River: iMATTI+E? ,; t 1L - `?`( W?ol? 0? u2? L - U n 1Zt VIZ' 7. River Basin: 8. Is this project located in a watershed classified as Trout, SA, I IQW, ORW, WS I, or WS II? YES (] 9. Have any Section 404 permits been previously requested for use on this property'? YES [ ] Ng-J-1- If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: $ 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: Flooded: _ Excavated: 6 -A(L Total Impacted: 9. 6 At--* ti EARL STALL 1 NGS PROJECT Proposed Work: The present site consists of approximately 9.9 acres O woodland and or abandoned pastureland. The area contains a mixture of hydr-ic and non-hydric soils. Because of the diversity of soils and the number- of small areas to be delineated as wetlands, the whole area is considered to be wetlands. At the present time the land is uneven from animals using this area for wallowing and walking trail:. There are areas where the soil has been moved creating depressions. Because of the present surface condition, the trees will need to be r-eiZro;,%ed and the land graded, for adequate surface water removal. The barn' soil will then be planted to a pasture or ha`yrland mix. Purpose The State of Forth Carolina's DEM 0200 regulations, require that this confined animal operation have a waste utilization BMP in place prior to December 19?7. Waste must be applied to acreage planted in an agronomic crop, so plants can absorb and utilize the nutrients. Why This Activity h1u.->t Be Carried Out in Wetlands This is the only alternative possible for the land application of waste. The only lend that Mr-. Stallings owns is the wooded area adjacent to the present lagoons and confined animal buildings. At the present time, SCS, and the Extension Service are recognizing agronomic crops (grain crap=s, pastureland, and hayland) for the utilization of nutrients. Research has determined the nutrient requirements at these crops, based on realistic yield goals. Waste can be spread evenly and the nutrients physically removed by the harvest of grain, grazing, or hay removal. T